- (1.) This writ petition under Article 226 of Constitution of India has arisen from the award dated 08.09.2000, passed by Sri Raja Ram, Presiding Officer, Industrial Tribunal (II) U.P., Lucknow in Adjudication Case No.80 of 1997, answering the Reference in favour of workman, holding that termination of the workman-respondent no.1 on 01.11.1990 was illegal and unjustified. He is entitled for reinstatement but so far as arrears of salary is concerned, the same would be payable from the date of receipt of Reference by the Tribunal i.e. 24.10.1997, till the date of reinstatement.
(2.) The workman claimed to have been employed in the establishment of Executive Engineer, Lucknow Division Sharda Nahar on 1.10.1987 and discharged duties as Beldar. He was discontinued on 31.10.1990 without giving any retrenchment notice or compensation etc., though he had worked for 240 days in the preceding 12 months. Petitioner employer contested the matter though admitted that workman was employed on daily wage basis as Beldar and discontinued on 31.10.1990 since there was no work and the concerned project was already completed.
(3.) Workman raised industrial dispute and the same was referred under Section 4K of U.P. Industrial Disputes Act, 1947 (hereinafter referred to "Act 1947") for adjudication of Industrial Tribunal to vide notification dated 2109-15/L.R.C.B. 553/96 dated 24.10.1997. Reference read as under:- 591448-1 " In the given circumstances, it is my award that termination of services of workman Sri Harish Chandra , son of Sri Vishnu Dayal on 1.11.1990 by the employer is improper and illegal . The workman is entitled to be reinstated in service from the date of his termination , but so as the question regarding his wages during the period he was out of job is concerned, he is entitled to be reinstated from 24.10.97, i.e. the the date on which Reference was received in the Tribunal. In this case, it is my award. ";